Who Will Raise Your Kids If You Can’t? Why Naming a Guardian in Ohio Matters
“The best advice I can give to you is to plan for the worst, hope for the best, and always be prepared.”
Alright, I know what you’re thinking - there she goes again, bringing up another topic that I really don’t want to think about. Believe me, I get it. I have three kids, and I don’t want to ever think about a time when their dad and I won’t be able to be there to help them navigate life, especially before they are adults. It’s tough, it’s heartbreaking, it’s sad, but it’s also one of the most important things you can do. Being the realist that I am, I know that life throws us curveballs, no matter how much we try to avoid them. The best advice I can give to you is to plan for the worst, hope for the best, and always be prepared. So, how do you plan for the unexpected when it comes to your minor child’s future? What should you consider? It can be very overwhelming, so let’s take it step by step.
What Happens If You Don’t Name a Guardian in Ohio?
First, let’s discuss what happens if you don’t have a plan in place for your minor child and something unexpected happens to you. If you don’t have a valid estate plan or will that names a legal guardian for your minor child in Ohio, the probate court will decide who raises them. The bottom line is - if you are deceased or are incapacitated, the probate court has the authority to decide who will raise your child.
If this happens, your relatives or close friends can petition the court to be named guardians. The court will consider multiple factors when deciding on the most appropriate guardian for your child, such as the person’s relationship to the child, the person’s living situation and stability, the person’s criminal history, and the child’s best interest. If your child is older (for example, 14-17 years of age), they would likely have input in this process.
Well, you might be thinking… “So, I can depend on the court to pick a suitable guardian for my child, right? So, why do I need to do anything now?”
Yes, the court would likely pick a suitable guardian for your child, BUT - WOULD YOU HAVE CHOSEN THE SAME PERSON?!?
The Risks of Letting the Court Decide
When you don’t name a guardian in a legally valid estate plan, the court makes the decision for you—and that can lead to outcomes you wouldn’t have chosen: The court names a relative to raise your child that you would not have chosen due to parenting style, values, lifestyle, or a strained relationship
Family disputes over the guardianship of your child can lead to legal battles
Delay in placing your child with a guardian, potentially leading to foster care for the child until the court decides
The court has limited insight and knowledge regarding your family dynamics and who would be best to raise your child in your absence
What should you consider when naming a guardian for your child?
Naming guardians for your child may not be as easy as it sounds. Here are some tips to help you decide the best person or persons to raise your child if you can’t.
Who could serve as a guardian for your minor child? Make a list of all potential guardians.
Make a list of your parental values and priorities. For example, do you want your chosen guardian to share your parenting philosophy and core values?
Look at your two lists. Who, on your first list, shares the same parental values and priorities as you? Make a new list of those people.
Next, look at the narrowed-down list of potential guardians and think about the location of each person listed. For instance, would you want your child to stay in the same community where you currently live, or would you be ok with the child having to relocate to a different city or state? Narrow your list further based on this consideration.
Next, look at the narrowed-down list of potential guardians, and think about the age of each person listed. Is this a factor that should be considered as well? For example, if your parents are elderly, would they be able to step in and raise young children?
Narrow your list down until you have a primary guardian and two backup guardians.
Now you have decided on guardians, what do you do next?
Talk to the people that you would like to name as guardians to make sure they would be prepared to take on the role if needed. Then, create a Last Will and Testament to legally name guardians. At Ballinger Legal, we can help you put together an estate plan that names guardians that YOU choose, not the courts. Ready to protect your child’s future? Contact Ballinger Legal for a free estate planning consultation with an Ohio attorney. We’ll help you name the right guardian and ensure your wishes are legally protected.
